DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9 Jan 2026 has been entered.
Claims 1, 4, 6, 8, 11, and 13-19 remain pending.
Response to Arguments
Applicant's arguments filed 9 Jan 2026 have been fully considered but they are not persuasive.
Applicant amended claims 1 and 14 and argues that the amendment overcomes the previous rejection.
As noted further in the rejection below, the amendments introduce new matter not disclosed in the original claim and are rejected on that basis.
Applicant argues that the amendment clarifies that the nature of the “gap” is an annular clearance. Examiner notes that “annular clearance” is new matter.
Nevertheless, applicant argues that Grise (Grise US 2,662,481) does not disclose an “annular clearance” because in Gris the gap is occupied by “annular rings (35).” Applicant’s argument is not persuasive, Grise fig 4, shows ring 35 occupying a portion of the annular clearance. There is clearly an annular clearance radially outward of ring 35 and as wide as ring 35. See annotated drawing below. Furthermore, applicant does not have support for the clearance as “annular,” or the “annular clearance extending circumferentially around a rotation axis of the drive shaft at least substantially completely around the hub,” applicant does not have any details in their originally filed specification about the clearance extending circumferentially, no “substantially completely” nor being an “annular” shape. Furthermore, applicant has not shown how the claimed amendments differentiate the structure of the originally disclosed invention from the structure of Grise.
Applicant argues that Gris “annular rings” do not teach the amendment directed toward the annular clearance extending circumferentially around the rotation axis because the rejection relies on the rings providing “axial separation.” Gris figure 2 clearly shows ring 35 extending completely around the rotational axis and also within the pump housing.
Applicant’s argument seems also to imply that because the ring 35 has axial depth that it can not also help define a radial gap. Reasonably, the argument that an object causing axial separation can not also exist in a space with radial separation is not convincing. Three dimensional objects have volume in three dimensions. Furthermore, as applicant is introducing new terms, and is not able to support their meaning with reference to their own disclosed invention, it is unclear what actual difference applicant is alluding too, because plainly, Gris ring 35 exists in a gap that is annular with both radial and axial separation between the axis of the pump and the housing of the pump. Further, even if the gap that is adjacent ring 35 is not sufficient, Gris also discloses an arcuate recess (35) at the inlet of the pump, using the same element number as the annular rings (35). The arcuate gap plainly fits the new amendments under a BRI also because arcuate means curved in an arc which is synonymous with annular clearance extending circumferentially as claimed.
Both Gris and applicant’s disclosed invention intake gas during initial priming through an annular gap behind an impeller, into a priming pump space that is also annular. An annular gap between the hub of the main impeller and the priming pump is shown in both Gris and applicant’s disclosed invention. However, Gris provides more views of the gap; fig 3 and 4 provide orthogonal views to the axis; fig 2 shows a front view for the same gap.
Applicant’s figures provide fewer views of the claimed gap than Gris. Applicant’s fig 1 and fig 2 both show an orthogonal view to the axis of rotation. Applicant does not provide a front view of the gap in line with the axis. Since applicant does have any indication of the front view, and does not disclose the extent of the annular gap, there is no way to imply the extent the gap extends around the circumference of the shaft.
Applicant further argues, the claimed annular clearance is not merely present as a passive structural feature, but is configured to convey gas during the initial operation. Gris also conveys gas through the annular clearance during priming (Grise c 1 ln 20-30). Grise fig 4, clearly shows the axial gap space radially outward of ring 35, and downstream of the port 37, in the gap occupied by ring 35. The ring 35 explicitly functions as a part of a priming pump configured in the same way to do the same thing as claimed.
Applicant’s argument that the ring 35 is a passive structural feature and their axial gap is explicitly the inlet to the pump is not convincing. A person of ordinary skill in the art would recognize that inlet gas to the priming pump flows through both features into the priming pump. Applicant’s argument that their gap 18 is explicitly an inlet and that the gap occupied by Gris ring 35 is not an inlet is not convincing, inlet gas flows to the priming pump through both features.
Applicant argues that Gris does not disclose gas is introduced into the priming pump through a circumferential annular clearance between a hub and housing, and that it doesn’t constitute an inlet. Applicant’s argument is not convincing. Gris fig 2 clearly shows the annular gap around ring (35), the ring itself in annular, and an arcuate recess (35) is also a part of the inlet (c 3 ln 20-30). Gris reasonably discloses all the claimed new material. In contrast, applicant does not have support for the newly claimed material, as applicant has disclosed no annularity of their inlet, nor do their figures provide a front view which would show whether their inlet port were annular.
Applicant argues that the claimed sealing of the annular gap is not disclosed by Grise because does not disclose an annular clearance. Gris explicitly discloses the priming process and the sealing of the pump (c 3 ln 40-55) sufficient to prevent the passage of water through the priming pump (c 3 ln 40-44, 58-60). The plain meaning of the term seal is a closure against the passage of water. Therefore, Grise plainly fulfills the function of sealing. Applicant’s argument that Grise does not disclose an annular clearance as claimed, has been addressed above.
Applicant states that the same arguments apply to claim 14. Likewise, the response above will stand for claim 14.
Applicant further argues for the combination of claim 16. Applicant argues that Gris describes a fundamentally different gas inlet concept based on discrete openings and ports and provides no teaching or suggestion that would lead a person to modify Grise to a circumferential annular clearance as claimed. Applicant’s argument is not convincing, as Grise discloses the claimed annular gap, as explained above. Applicant does not disclose the gap is annular with enough sufficiency to distinguish it over the gap surrounding Gris ring 35 as argued above. There is no modification of Gris that is related to the newly claimed matter.
The obviousness rejection of Claim 16 is directed to whether the impeller and shaft are integrally connected. The subject matter is not related to the formation of the gap in the least, and is directed toward entirely different structure with entirely different functions. Applicant has not argued against the actual obviousness rejection of claim 16 which is that it is obvious to make the rigidly connected impeller and shaft of Gris into an integral piece. It has nothing to do with the claimed axial gap, and provides no basis for removal related to obviousness rational or to the actual proposed combination. The obviousness rejection is maintained.
Similarly, the obviousness rejection of Claim 15 is related to the enablement of the priming pump as a screw pump, and not related to the claimed annular axial gap. Applicant’s argument is not related to replacement of the vane vacuum priming pump of Grise with the screw pump of the secondary reference. It has nothing to do with the claimed axial gap, and provides no basis for removal related to obviousness rational or to the actual proposed combination. The obviousness rejection is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4, 6, 8, 11, and 13-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amendments to claim 1 and 14 are “wherein the gap is formed as an annular clearance between an outer circumferential surface of the hub and an inner circumferential surface of the housing unit, the annular clearance extending circumferentially about a rotational axis of the drive shaft at least substantially completely around the hub.”
The newly claimed description of the gap as an “annular clearance” and “the annular clearance extending circumferentially around a rotational axis of the drive shaft at least substantially completely around the hub” constitutes new matter.
Applicant does not disclose in their originally filed specification that their gap (18) is annular, nor that it its circumferentially extends “at least substantially completely around the hub.” There is no disclosure of the size of the gap or the extent in extends circumferentially. Furthermore, applicant does not provide any font views of the gap which would show the extent of the gap’s circumferential extension, and the extent of the gap’s annularity.
There is no basis in applicant’s originally filed specification for the newly claimed matter. Applicant has not reasonably conveyed to one skilled in the relevant art that the inventor or a joint inventor time the application was filed, had possession of the claimed invention. Therefore claims 1 and 14 are rejected for new matter. Dependent claims 4, 6, 8, 11, 13, and 15-19 are correspondingly rejected.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, 4, 6, 8, 11, and 13-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 14 recite a gap as an “annular clearance” and “annular clearance … at least substantially completely around the hub.” There is no basis in the original claims, drawings or specification for the limitation “annular clearance extending circumferentially around a rotation axis of the drive shaft at least substantially completely around the hub,” therefore it is unclear how these terms should be interpreted, and so the subject matter that the inventor or joint inventor regards as the invention is unclear. Therefor claims 1 and 14 are rejected for indefiniteness. Dependent claims 4, 6, 8, 11, 13, and 15-19 are correspondingly rejected.
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Applicant’s figure 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 6, 8, 11, 13, 14, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grise (US 2,662,481).
Regarding claim 1, Grise discloses a self-suction pump system with a liquid conveying unit (centrifugal pump, c 1 ln 2) for conveying a liquid (liquid supply, c 3 ln 44), wherein the liquid conveying unit comprises at least one liquid conveying rotor (impeller 5, c 2 ln 5), with a vacuum pump unit (priming pump, c 3 ln 15) which is, at least in an initial operation state (pumping gas in order to fill chamber 4 with fluid, c 3 ln 51-62), configured to supply the liquid conveying unit with the liquid (id.), wherein at least in the initial operation state, the vacuum pump unit is configured to transport a gas (pump gas, c 3 ln 51-62) from one side of the liquid conveying unit to the other side (gas pumped from suction pipe out of holes 39, c 3 ln 51-62), through the liquid conveying rotor (via holes 37 in impeller 5, c 3 ln 63), and with a non-return valve (fig 2, check valve 15, c 3 ln 38), which is arranged at a liquid outlet (outlet 13, c 3 ln 35-38) of the liquid conveying unit,
Wherein the vacuum pump unit comprises at least one gas inlet (openings 37 in the impeller and inlet port 36, c 3 ln 53-54) through which the gas flows into the vacuum pump unit at least in the initial operation state (when power is initially applied to the shaft 19, the priming pump functions, c 3 ln 45-55),
And at least one gas outlet (outlet port 38 with holes 39, c 3 ln 54-60) through which the gas flows out of the vacuum pump unit at least in the initial operation state (c 3 ln 45-55)
wherein a gas outlet (fig 2, conduit 40, c 3 ln 57) of the vacuum pump unit is arranged with respect to a liquid conveying path (path along outlet 13) downstream of the non-return valve (40 discharges to outlet 13 above check valve 15, c 3 ln 55-60), wherein the pump system comprises a housing unit (casing 1, c 2 ln 20), which accommodates the liquid conveying unit and a gas conveying rotor (priming pump rotor 33, c 3 ln 15-38), wherein the housing unit defines a liquid inlet (fig 1, inlet 10) of the liquid conveying unit and a liquid outlet (outlet 13 is above check valve 15 and receives both gas and liquid, c 3 ln 58) of the liquid conveying unit,
and comprising a drive unit (power source for drive shaft 19, c 3 ln 45-46) which, at least in the initial operation state (priming of pump), drives the liquid conveying unit (at end of priming, the impeller is driven by the shaft 19, c 3 ln 66-70) and the vacuum pump unit (priming pump is driven by shaft 19, c 3 ln 45-46), wherein the drive unit comprises a drive shaft (19, c 3 ln 45-46), which is configured for driving the liquid conveying unit and the vacuum pump unit (shaft 19 drives the vacuum pump rotor 33, c 3 ln 20-21, the vacuum pump rotor drives the impeller of the centrifugal pump, c 3 ln 65-70), wherein the liquid conveying rotor (5) is mounted to the drive shaft (19) via a hub (hub of impeller, c 3 ln 65), wherein a gap (gap occupied by annular rings 35, c 3 ln 25) is arranged between the hub and the housing unit (fig 1, space with rings 35 is axially between the hub of impeller, 5, and housing in at least an axial direction),
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Annotations on Grise fig 2
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Annotations on Grise fig 4
wherein the gap is formed at an annular clearance (See fig 2 and fig 4 above) between an outer circumferential surface of the hub (See drawing) and an inner circumferential surface of the housing unit (see drawing), the annular clearance extending circumferentially (See drawing) about a rotation axis of the drive shaft (See drawing) at least substantially completely around the hub (See drawing),
wherein the gap (gap occupied by annular rings 35) separates a first receiving space (portion of pump chamber 32 which holds impeller 5, c 3 ln 58-62) of the housing unit, in which the liquid conveying rotor (5) is arranged, from a second receiving space (space within hollow hub 26 of impeller 5, c 3 ln 17), in which the gas conveying rotor (rotor 33 is within hollow hub 26, c 3 ln 16-21) is arranged, wherein the gap realizes a gas inlet (inlet port 36, c 3 ln 50-54) of the vacuum pump unit,
wherein the vacuum pump unit (33) conveys the gas through the gap (c 3 ln 50-54) and through the liquid conveying rotor (c 3 ln 50-58), at least in the initial operation state (during priming, id.).
Wherein the vacuum pump unit is self-sealing by means of the liquid (holes 39 pass air or gas but restrict the flow of liquid; c 3 ln 39-44, 58-63; therefore once the centrifugal pump is primed, the restrictions of holes 39 prevent liquid from passing to the priming pump, c 3 ln 62-63), wherein a liquid film is created by means of the liquid during operation of the vacuum pump unit that seals the gap (liquid is pumped into the vacuum pump chamber, but liquid flow through holes 39 is restricted; therefore the vacuum pump chamber fills with liquid and binds the hub of the impeller to the priming pump, c 3 ln 60-67; this is the same relationship described by applicant’s “self-sealing” in their published application, par 0019; since the vacuum pump chamber in hollow hub 26 fills with liquid, the gap which holds annular rings 35 would also fill with liquid as it is also within said hollow hub 26).
Regarding claim 4, Grise discloses the self-suction pump system according to claim 1, wherein in a continuous operation state (operation after priming, c 3 ln 60-70) that follows the initial operation state, the drive unit (powered drive shaft 19, c 3 ln 45-46) is configured to drive the liquid conveying unit and the vacuum pump unit (shaft 19 drives impeller 5 and rotor 33 after priming as the rotors bind together for rotation post priming, c 3 ln 60-70).
Regarding claim 6 dependent on claim 1, Grise discloses the self-suction pump system according to the self-suction pump system according to wherein the liquid conveying unit (impeller 5) and the vacuum pump unit (rotor 33) are operatively connected to the drive shaft directly (impeller 5 binds to the shaft via rotor of the priming pump, c 3 ln 60-70; under a BRI the impeller 5 connection meets the meaning of “directly” because there are no intervening mechanical transmissions or intermediate shafts that affects the speed of rotation or mechanical advantage of the impeller vs the shaft; ).
Regarding claim 8, Grise discloses the self-suction pump system according to claim 1, wherein the vacuum pump unit comprises at least one gas conveying rotor (rotor 33 conveys gas, c 3 ln 45-60).
Regarding claim 11, Grise discloses the self-suction pump system according to claim 1, wherein at least in the initial operation state (priming).
Grise does not explicitly recite that the vacuum pump unit is configured to provide a negative pressure which keeps the non-return valve closed. Nevertheless, Grise disclose that spring (17) holds valve (16) to the seat until sufficient pressure is built up to open the valve (c 2 ln 20-31), and that sufficient pressure comes after the air has been drawn out of the centrifugal pump and water drawn into the volute thereby priming the centrifugal pump (c 4 ln 45-70). Inherently, as the priming pump draws air from volute until water is drawn into volute, will create a negative pressure because the priming pump will be working to move that mass of fluid to fill the pump against gravity. Therefore, it is clear that the pressure generated by the priming pump against check valve (16) would further seat valve (16), even though the valve was already biased closed by spring (17), until the centrifugal pump creates enough positive pressure to open valve (16).
This arrangement is similar to applicant’s figure 1; wherein applicant discloses that in a resting state valve 50 is seated closed (Applicant’s fig 1 and Applicant’s Spec, pg 11, ln 20-21); wherein the vacuum pump unit draws gas along 12 in order to draw liquid 56 from feed conduit 44 (Applicant’s Spec, pg 12 ln 4-6). The drawing of liquid 56 from conduit 44 inherently creates a negative pressure sufficient to draw liquid. That negative pressure provides more force to hold valve 50 to its seat (Applicant’s Spec, pg 12 ln 10). Examiner notes that the negative pressure does not close valve (50) because the valve is already closed in the resting state prior to the start of priming. Therefore, the Grise apparatus meets the claimed, “the vacuum pump unit provides a negative pressure which keeps the non-return valve closed.”
Regarding claim 13, Grise discloses a method for operating a self-suction pump system according to claim 1, wherein the self-suction pump system comprises the liquid conveying unit (centrifugal pump), by which the liquid is conveyed, and the vacuum pump unit (priming pump), by which the liquid conveying unit is supplied with the liquid (priming the liquid pump, c 4 ln 60-65), at least in the initial operation state, wherein the method comprises the steps of the gas (air) being transported from one side (inlet 10) of the liquid conveying unit (centrifugal pump) to the other (the other side of hole 37), at least in the initial operation state, through the liquid conveying rotor (air is pulled through holes 37 in the impeller 5 during priming, c 4 ln 50-55) by the vacuum pump unit (c 4 ln 50-60).
Regarding claim 14, Grise discloses a self-suction pump system, with a liquid conveying unit (centrifugal pump, c 1 ln 2) for conveying a liquid (liquid, c 3 ln 44), wherein the liquid conveying unit comprises at least one liquid conveying rotor (impeller 5, c 2 ln 5), with a vacuum pump (priming pump, c 3 ln 15) unit which is, at least in an initial operation state (initial primping of the centrifugal pump, c 3 ln 51-62), configured to supply the liquid conveying unit with the liquid (id.), wherein at least in the initial operation state, the vacuum pump unit is configured to transport a gas (pump gas, c 3 ln 51-62) along the liquid conveying unit through the liquid conveying rotor (via holes 37 in impeller 5, c 3 ln 63), and with a non-return valve (fig 2, check valve 15, c 3 ln 38), which is arranged at a liquid outlet (outlet 13, c 3 ln 35-38) of the liquid conveying unit,
Wherein the vacuum pump unit comprises at least one gas inlet (openings 37 in the impeller and inlet port 36, c 3 ln 53-54) through which the gas flows into the vacuum pump unit at least in the initial operation state (when power is initially applied to the shaft 19, the priming pump functions, c 3 ln 45-55),
And at least one gas outlet (outlet port 38 with holes 39, c 3 ln 54-60) through which the gas flows out of the vacuum pump unit at least in the initial operation state (c 3 ln 45-55)
… wherein the pump system comprises a housing unit (casings 1, c 2 ln 20), which accommodates the liquid conveying unit and a gas conveying rotor (priming pump rotor 33, c 3 ln 15-38), wherein the housing unit defines a liquid inlet (10) of the liquid conveying unit and a liquid outlet (outlet 13 is above check valve 15 and receives both gas and liquid c 3 ln 58) of the liquid conveying unit,
And comprising a drive unit (powered drive shaft 19, c 3 ln 45-46) which, at least in the initial operation state (priming of pump), drives the liquid conveying unit (at end of priming, the impeller is driven by the shaft 19, c 3 ln 66-70) and the vacuum pump unit (priming pump is driven by shaft 19, c 3 ln 45-60), wherein the drive unit comprises a drive shaft (19, c 3 ln 45-46), which is configured for driving the liquid conveying unit and the vacuum pump unit (shaft 19 drives the vacuum pump rotor 33, c 3 ln 20-21, the vacuum pump rotor drives the impeller of the centrifugal pump, c 3 ln 65-70), wherein the liquid conveying rotor (5) is mounted to the drive shaft (19) via a hub (hub, c 3 ln 65), wherein a gap (gap occupied by annular rings 35, c 3 ln 25) is arranged between the hub and the housing unit (fig 1, space with rings 35 is axially between the hub of impeller, 5, and housing in at least an axial direction),
wherein the gap is formed at an annular clearance (See fig 2 and fig 4 above at claim 1) between an outer circumferential surface of the hub (See drawing at claim 1) and an inner circumferential surface of the housing unit (see drawing at claim 1), the annular clearance extending circumferentially (See drawing at claim 1) about a rotation axis of the drive shaft (See drawing at claim 1) at least substantially completely around the hub (See drawing at claim 1),
wherein the gap (gap occupied by annular rings 35) separates a first receiving space (portion of pump chamber 32 which holds impeller 5, c 3 ln 58-62) of the housing unit, in which the liquid conveying rotor (5) is arranged, from a second receiving space (space within hollow hub 26 of impeller 5, c 3 ln 17), in which the gas conveying rotor (rotor 33 is within hollow hub 26, c 3 ln 16-21) is arranged, wherein the gap realizes a gas inlet (inlet port 36, c 3 ln 50-54) of the vacuum pump unit,
wherein the vacuum pump unit (33) conveys the gas through the gap (c 3 ln 50-54) and through the liquid conveying rotor (c 3 ln 50-58), at least in the initial operation state (during priming, id.),
Wherein the vacuum pump unit is self-sealing by means of the liquid (holes 39 pass air or gas but restrict the flow of liquid; c 3 ln 39-44, 58-63; therefore once the centrifugal pump is primed, the restrictions of holes 39 prevent liquid from passing to the priming pump, c 3 ln 62-63), wherein a liquid film is created by means of the liquid during operation of the vacuum pump unit that seals the gap (liquid is pumped into the vacuum pump chamber, but liquid flow through holes 39 is restricted; therefore the vacuum pump chamber fills with liquid and binds the hub of the impeller to the priming pump, c 3 ln 60-67; this is the same relationship described by applicant’s “self-sealing” in their published application, par 0019; since the vacuum pump chamber in hollow hub 26 fills with liquid, the gap which holds annular rings 35 would also fill with liquid as it is also within said hollow hub 26).
Grise is silent on at least in the initial operation state (initial primping of the centrifugal pump, c 4 ln 33-34), the vacuum pump unit is configured to provide a negative pressure which keeps the non-return valve closed.
Nevertheless, Grise disclose that spring (17) holds valve (16) to the seat until sufficient pressure is built up to open the valve (c 2 ln 20-31), and that sufficient pressure comes after the air has been drawn out of the centrifugal pump and water drawn into the volute thereby priming the centrifugal pump (c 4 ln 45-70). Inherently, as the priming pump draws air from volute until water is drawn into volute, will create a negative pressure because the priming pump will be working to move that mass of fluid to fill the pump against gravity. Therefore, it is clear that the pressure generated by the priming pump against check valve (16) would further seat valve (16), even though the valve was already biased closed by spring (17), until the centrifugal pump creates enough positive pressure to open valve (16).
This arrangement is similar to applicant’s figure 1; wherein applicant discloses that in a resting state valve 50 is seated closed (Applicant’s fig 1 and Applicant’s Spec, pg 11, ln 20-21); wherein the vacuum pump unit draws gas along 12 in order to draw liquid 56 from feed conduit 44 (Applicant’s Spec, pg 12 ln 4-6). The drawing of liquid 56 from conduit 44 inherently creates a negative pressure sufficient to draw liquid. That negative pressure provides more force to hold valve 50 to its seat (Applicant’s Spec, pg 12 ln 10). Examiner notes that the negative pressure does not close valve (50) because the valve is already closed in the resting state prior to the start of priming. Therefore, the Grise apparatus meets the claimed, “the vacuum pump unit provides a negative pressure which keeps the non-return valve closed.”
Regarding claim 19, Grise discloses the self-suction pump system according to claim 1, wherein the non-return valve (fig 2, 15) comprises a receiving space (13), which is arranged away from a conduit (volute 12) for conveying the liquid and which, in an open state of the non-return valve (fig 2, check valve 15 opens outwardly, therefore it moves into outlet 13 when it opens), accommodates a non-return element (13 accommodates spring 17, crossbar 19, of check valve, c 2 ln 20-30) of the non-return valve.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Grise.
Regarding claim 16, Grise discloses the self-suction pump system according to claims 5, wherein the vacuum pump unit comprises at least one gas conveying rotor (rotor 33). Grise does not disclose the gas conveying rotor is implemented integrally with the drive shaft.
Grise teaches that rotor 33 is fixed to shaft 19 (Grise, c 3 ln 20). The courts have held that in prior art comprising several parts rigidly secured together, making those parts integral is obvious as a matter of design choice (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)). In this case, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make integral the rigidly connected rotor 33 and shaft 19 of Grise and thereby efficiently transfer rotational energy from shaft to hub.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Grise in view of Niskanen (US 4,273,562).
Regarding claim 15, Grise discloses the self-suction pump system according to claim 1. Grise does not teach wherein the vacuum pump unit is embodied as a screw pump.
Nevertheless, Grise discloses the vacuum pump unit embodied as a vane pump (c 3 ln 20-25). Niskanen discloses a gas pump unit (free gases separate from suction opening and discharged through by bypass flow 12, c 2 ln 10-25) embodied as a screw pump (screw 5, id.). Both the vane pump and the screw pump function as gas pumps as known in the art. It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to have simply substituted the screw pump (5) of Niskanen for the vane pump of Grise as a simple substitution of one known element for another to obtain the predictable result of providing a rotating priming pump capable of producing suction at the startup of a coaxial centrifugal pump. (See MPEP 2143(I)(B)).
Regarding claim 17, Grise discloses the self-suction pump system according to claim 15, wherein the vacuum pump unit comprises at least one gas conveying rotor (rotor 33, c 3 ln 21). Grise does not disclose the gas conveying rotor is implemented as a helix-shaped elevation of the drive shaft, the gas conveying rotor and the drive shaft together forming a screw of the screw pump.
Nevertheless, Grise discloses the vacuum pump unit embodied as a vane pump (c 3 ln 20-25). Niskanen discloses a gas conveying rotor (fig 1, hub 4, free gases separate from suction opening and discharged through by bypass flow 12, c 2 ln 10-25), implements as a helix-shaped (screw 5 meets a broad interpretation of the term helix shaped) elevation of the drive shaft (10), the gas conveying rotor (hub 4) and the drive shaft (10) together forming a screw of the screw pump (screw 5, id.). Both the vane pump and the screw pump function as gas pumps as known in the art. It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to have simply substituted the screw pump (5) of Niskanen for the vane pump of Grise as a simple substitution of one known element for another to obtain predictable result of providing a rotating priming pump capable of producing suction at the startup of a coaxial centrifugal pump. (See MPEP 2143(I)(B)).
Claims 18 are rejected under 35 U.S.C. 103 as being unpatentable over Grise in view of Reynders (US 2006/0039810).
Regarding claim 18, Grise discloses the self-suction pump system according to claim 1. Grise does not teach wherein the non-return valve is embodied as a non-return ball valve. Nevertheless, Grise disclosed the non-return valve embodied as a spring check valve (c 2 ln 25-32) which differs from the claimed device by the substitution of a non-return ball valve for the spring check valve. Reynders teaches a discharge non-return valve embodied as a non-return ball valve (ball 32, par 0025). Both the spring check valve and the non-return valve ball function as discharge check valves, and both are known in the art. It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to have simply substituted the non-return ball valve (32) of Reynders for the spring check valve of Grise for the predictable result of a having a non-return discharge valve (See MPEP 2143(I)(B)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY S LEE whose telephone number is (571)272-5354. The examiner can normally be reached Mon-Fri 0900-1800.
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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746